Policies on OC (Milwaukee County Sheriff)

Curtis Waltman filed this request with the Milwaukee County Sheriff of Milwaukee County, WI.
Est. Completion None
Status
Awaiting Response

Communications

From: Curtis Waltman

To Whom It May Concern:

Pursuant to Wisconsin's Open Records act, I hereby request the following records:

For this request the time frame is 1/1/10. I seek records on OC (pepper spray) and a specific list of the records sought is included below:

-Policies on OC Spray. This includes policies on storage, what divisions receive OC, and the proper use of OC such as when to deploy it and how to specifically use pepper spray.

-All infractions for the time frame listed above for officers on the misuse of OC including excessive amounts deployed, using it during situations it was uncalled for, and improper storage. Other causes for infractions likely exist.

-Complaints to the department concerning the deployment of OC such as excessive amount used, or OC being deployed in a situation in which it was uncalled for.

-Policies on the discipline of officers who misuse OC.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.

Sincerely,

Curtis Waltman

From: Graham, Amber

Hello,

The Milwaukee County Sheriff's Office is in receipt of your request for records dated 5.22.17. We have assigned it our agency file #17-91865. Your request is under review. A response will be provided "as soon as practicable and without delay." Wis. Stat. § 19.35(4)(a).

In the event that there is a cost associated with location of responsive records, you will be provided with a cost estimate if that amount is anticipated to exceed $50. Wis. Stat. § 19.35(3)(c), (f). Costs of a computer run may be imposed on a requester as a copying fee. Wis. Stat. § 19.35(1)(e) and (3)(a); 72 Op. Att'y Gen. 68, 70 (1983) and an authority may charge a requester for any computer programming expenses required to respond to a request. WIREdata II, 2008WI 69, ¶ 107, 310 Wis. 2d 397, ¶ 107, 751 N.W.2d 736, ¶ 107. Subsequent review and redaction of the record are separate processes, not included in location of the record, for which a requester may not be charged. Milwaukee Journal Sentinel, 2012 WI 65, ¶ 29 (Abrahamson, C.J., lead opinion). Under Wis. Stat. § 19.35(3)(c), only actual, necessary, and direct location costs are permitted. If responsive records exist, they will be vetted according to public records law to exclude non-public material like social security numbers, private employee information, personal medical information, and attorney-client communication. You will then be advised of the actual cost of photocopying responsive records at $ .15 per page and any postage costs. Wis. Stat. § 19.35(3)(a), (d).

As I have explained, we are evaluating your request. However, to the extent you consider anything in this letter to be a denial of your request, please be advised you have the right to review of any denial by mandamus under Wis. Stat. § 19.37(1), or upon application to the attorney general or the Milwaukee County Corporation Counsel. See Wis. Stat. § 19.35(4)(b).

Thank you,

Amber Graham
Correctional Officer
Milwaukee Co. Sheriff's Office
Open Records Unit
414-278-4091

From: Graham, Amber

Hello,

I am no longer assigned to Open Records please send all requests and follow up to MCSOopenRecords@milwaukeecountywi.gov<mailto:MCSOopenRecords@milwaukeecountywi.gov>.

Respectfully submitted,

Correctional Officer Amber Graham
Special Projects Team
Milwaukee County Sheriff's Office
949 N. 9th Street
Milwaukee, WI 53223
Phone: 414-226-7049

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